(647) 491-5237
24/7 FREE
Available
Available
Available 24/7 FREE
(647) 491-5237 A gun charge refers to any criminal offence involving unauthorized possession, trafficking, or use of firearms or weapons in Canada. These offences are taken seriously and can result in imprisonment up to 14 years.
In Canada, gun charges are aggressively investigated by specialized ‘Guns and Gangs’ units. If you’re facing firearm charges in Ontario, it’s critical to retain a skilled Toronto weapons lawyer as soon as possible. These cases often attract intense attention from police, prosecutors, and the courts, and only an experienced firearms possession lawyer can protect your rights and help build a strong defence.
Weapons offences are taken seriously and aggressively prosecuted. If you are being charged with unlawful possession of a firearm, then you should consider retaining a lawyer as soon as possible to defend your rights.
It is a criminal offence to unlawfully possess a firearm, to possess a weapon knowing that its possession is unauthorized, or to possess a weapon (such as firearms) for a dangerous purpose.
Unlawful possession of a firearm:
Under section 91(1) of the Criminal Code, it is an offence to possess a prohibited firearm, a restricted firearm, or a non-restricted firearm without being the holder of:
Possession of a weapon knowing that its possession is unauthorized:
Under section 92(1) of the Criminal Code, it is an offence to possess a prohibited firearm, a restricted firearm or a non-restricted firearm knowing that the person is not the holder of:
Possession of weapon for a dangerous purpose:
Under section 88(1) of the Criminal Code, it is an offence to carry or possess a weapon, an imitation of a weapon, a prohibited device, or any ammunition for a purpose that is dangerous to the public peace or for the purpose of committing an offence.
If you’ve been charged with a restricted firearm in Toronto, seek legal advice immediately.
Section 2 of the Criminal Code of Canada defines weapons as anything that can be used, designed to be used, or intended to be used:
This definition of a weapon is broad. It includes anything from a pocketknife to firearms.
Section 2 of the Criminal Code of Canada also defines firearms. A firearm is any barrelled weapon from which any shot or bullet can be discharged and that is capable of causing either serious bodily injury or death to a person. It includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm. Essentially, any gun or weapon that can fire bullets or projectiles can constitute a firearm.
The Canadian Criminal Code has multiple offences related to firearms. These offences can be divided into several groups, with the first one related to the use of firearms, the second one related to unlawful possession and the third to trafficking, importing and exporting.
The “use” offences range from careless use, transportation, handling and storage to pointing a gun at someone or using a firearm to commit an offence. Meanwhile, there are 11 possession offences under Canadian law, with the most common ones involving possession for a dangerous purpose, carrying a concealed weapon, unauthorized possession, possession in an improper place or a vehicle, as well as stealing a firearm.
Trafficking offences include manufacturing, transferring, or offering firearms without authorization under the Firearms Act, involving possession for the purpose of trafficking and transfer without authority.
Our firm focuses exclusively on weapons-related criminal defence in Ontario.
In Сanada, anything used to intimidate, threaten, cause injury, serious bodily harm or death to another person is considered a weapon. Using it to commit an offence such as theft, assault, assault with a weapon or sexual assault is always an aggravated factor which can lead to more severe criminal consequences.
Meanwhile, the Criminal Code defines unlawful possession and use of weapons as separate offences with distinct penalties.
The list of weapons falling under the scope of the Canadian Criminal Code includes:
Many firearm charges in the Greater Toronto Area are hybrid offences, allowing the Crown to proceed either summarily or by indictment depending on the seriousness of the criminal case, the presence of other aggravating factors and other circumstances. The penalties for the most frequent offences include:
| Possession for a dangerous purpose | If someone is convicted of possessing a weapon or its imitation for a dangerous purpose, they can face up to ten years in prison. |
| Carrying a weapon when at a public meeting | Having a weapon during a public meeting or on the way to such meeting without holding relevant authorization can lead to summary conviction with a maximum penalty of 2 years in prison less a day and/or a $5,000 fine. |
| Carrying a concealed weapon | When someone carries a concealed weapon without proper authorization, they can face a maximum sentence of five years if the Crown chooses to proceed by indictment. |
| Unauthorized possession of a firearm, prohibited or restricted weapons | The offence of unlawful possession is punishable by a maximum sentence of 5 years in prison for indictable conviction. |
| Possession of guns, weapons or prohibited devices or ammunition knowing that possession is unauthorized | If someone knowingly and unlawfully possesses firearms, prohibited or restricted weapons, devices or ammunition, the maximum sentence increases up to 10 years in prison. |
| Possession at an unauthorized place | When someone fails to store a firearm, ammunition or prohibited weapon at a proper place as defined by the licence or other applicable regulations, they can face a maximum penalty of five years in jail. |
| Unauthorized possession in a vehicle | Similarly, an unauthorized possession of guns and restricted or prohibited weapons in a vehicle is punishable by a maximum penalty of 10 years in prison if the Crown proceeds by indictment. |
| Possession of loaded guns or guns together with ammunition | Penalties for unauthorized possession of a loaded gun or even unloaded firearms with ammunition that can be readily accessed can amount to 14 years in jail. |
| Possession of a weapon obtained by committing an offence | When a firearm or other restricted weapon or prohibited device is obtained by committing an offence in Canada, the offender faces up to 14 years in confinement. |
| Using a firearm to commit an offence | If someone uses a firearm or an imitation to commit an offence, they can face up to 14 years in prison, irrespective of whether they cause or intend to cause bodily harm, in addition to the penalty for accompanying offences. |
| Careless use of firearms | When someone carries, uses, transports, handles or stores firearms, restricted or prohibited weapons or ammunition without “reasonable precautions” for the safety of others, the maximum penalty can amount to two years in prison for the first offence or five years for subsequent offences. |
| Pointing a firearm at another person | Pointing a loaded or unloaded firearm at someone is punishable by a maximum sentence of five years for an indictable conviction or two years less a day and/or a fine of $5,000 in a summary conviction. |
Facing a firearm or weapons offence in Ontario can lead to serious legal consequences. Depending on the type of gun charge and whether the Crown proceeds summarily or by indictment, the penalties vary significantly. Below is a breakdown of the most common firearm charges in Ontario and their maximum penalties.
| Offence | Summary Conviction | Indictment |
|---|---|---|
| Unauthorized Possession | Up to 2 years less one day in jail | Up to 5 years |
| Loaded Gun Possession | Up to 2 years less one day in jail | Up to 14 years |
| Firearm Trafficking | — | Up to 10 years |
| Carrying a Concealed Weapon | Up to 2 years less one day in jail | Up to 5 years |
| Possession of a Weapon Obtained by Offence | Up to 2 years less one day in jail | Up to 5 years |
| Using a Firearm to Commit an Offence | — | Up to 14 years |
When facing gun charges in Ontario, you need a firearm offences lawyer to help you navigate the Canadian justice system and avoid hurting your chances for a positive outcome through mistakes. A seasoned legal professional with extensive practice in firearm charges will provide robust defence on all stages of the criminal process, including arrest and bail, pre-trial appearances and trial.
If you are arrested for firearm charges in the GTA, the police must tell you about your Charter rights to keep silent and the right to retain a lawyer. You will be in a much better position to defend against the charges if you refrain from speaking with the police after arrest, politely indicating that you intend to exercise your right to keep silent and speak to your firearms lawyer first.
After the arrest, the police may release you or hold you for a bail hearing depending on the specific offence and other circumstances, for example, if you have a criminal record. The officers are obliged to bring you to court for a bail hearing within 24 hours after the arrest or as soon as possible. If you retain a firearm possession lawyer early, they can start working on your release while you are held in custody.
When you are brought to court for a bail hearing, your lawyer will speak to the Crown and propose a bail plan. In many cases, a bail plan involves someone referred to as “surety” who takes responsibility for your release and pledges to pay a certain monetary amount if you violate the bail conditions.
If the Crown has concerns about your release, for example, if they believe that there is a flight risk, if you pose a threat to the public or if your detention is required due to the seriousness of allegations, the prosecutors may contest your release on bail. Your Toronto weapons lawyer will address these arguments, demonstrating to the court why your detention is not necessary and advocating for lesser bail conditions.
During the pre-trial stage, your firearms and weapons offences lawyer can start developing a defence strategy for your case. Your lawyer will start by requesting a full disclosure of all evidence against you. Since there are certain items of disclosure that the Crown will only release to a legal counsel, having an unauthorized weapons possession lawyer by your side will give you an advantage of accessing all information for a successful defence.
After your lawyer reviews the disclosure, they will negotiate your case with the Crown and the judge during Crown pre-trial (CPT) and Judicial pre-trial (JPT). Once you have retained a weapon offence lawyer in Toronto, you don’t have to be present at CPT and JPT and other pre-trial appearances while the lawyers can exercise their expertise to advocate for you before the Crown and the judge.
At this stage, your lawyer can explore various defence strategies based on your circumstances, including entering a plea agreement. If the charges proceed to trial by indictment, your lawyer will advise you on making an election of the mode of trial.
For indictment charges, you will have the option to choose to be tried in:
Since making an election of the court can be pivotal for your case, retaining an experienced Toronto weapon offence lawyer is crucial for securing the best strategy for your trial.
Retaining an unauthorized weapons possession lawyer early in the process is critical. From protecting your Charter rights during arrest to crafting a defence strategy that may lead to charge withdrawal, your lawyer can make a decisive difference before trial.
Due to the dangerous nature of firearms, gun charges can lead to serious consequences, including lengthy incarceration and other negative repercussions. Even simple possession of a firearm can lead to jail time, a weapon prohibition order and a criminal record with far-reaching consequences for employment, travel, housing opportunities and social life.
Meanwhile, using firearms when committing or attempting to commit a criminal offence increases the penalty dramatically, with a maximum sentence of 14 years in prison. When you hire a lawyer for possessing restricted or banned weapons, they will help you understand the potential consequences of conviction in your particular case and work toward the best possible outcome in your situation. Speak to a criminal lawyer for firearm offences before making any legal decisions.
Choosing the right legal defence can significantly impact your case outcome. Clients across Toronto and the GTA trust Vilkhov Law because:
Facing gun charges in Canada can be a stressful and daunting experience. You do not have to face the criminal justice system on your own. A skillful Toronto all weapons offences lawyer can:
All criminal cases are fact-specific and complex. Hiring a firearms and weapons offences lawyer is your best defence in your criminal matter, significantly increasing your chances of obtaining the most favourable possible outcome. Please do not hesitate to contact Vilkhov Law firearms lawyers for a free consultation about your options and defences in your case.
In Canada, you have the right to defend yourself or another person and commit acts that are reasonable under the circumstances, including using guns. At the same time, the decision to use a gun for self-defence should be proportionate to the type of threat, for example, whether the offender uses or threatens to use a weapon, the size, age, gender and physical capabilities of the offender and other factors as described in Section 34(1) of the Criminal Code. If you were involved or are facing a similar situation, it is advisable to contact a weapon offence lawyer in Toronto immediately to consult on your options.
When someone carries a weapon hidden from view without proper authorization, they are committing a hybrid offence presumed by Section 90(1) of the Criminal Code. If convicted, they face up to five years in prison if the Crown proceeds by indictment or up to two years in prison less than a day and/or a monetary penalty of $5,000 for summary conviction.
The Criminal Code includes offences related to use, trafficking and importing/exporting firearms as well as 11 possession offences related to unauthorized or improper use. Most of them are hybrid offences where the Crown can proceed either summarily or by indictment. In summary conviction, the maximum sentence is two years jail time less a day and/or a $5,000 fine. If the case is prosecuted by indictment, the sentencing is more severe, with the maximum sentence of 14 years in jail for the most serious crimes.
The crime of unauthorized possession of firearms is a hybrid offence and carries a maximum sentence of 5 years in prison if proceeded by indictment or 2 years less a day and/or a $5,000 fine for summary conviction. When facing charges for illegal guns in Toronto or anywhere in the GTA, you are advised to contact a firearms possession lawyer immediately to mitigate potential conviction.
Yes, gun charges can sometimes be dropped if there is insufficient evidence, Charter violations, or improper search and seizure. A firearms lawyer can review the case and negotiate with the Crown to seek a withdrawal or stay.
Remain silent and request a lawyer. Avoid making statements to the police. Contact a Toronto weapons lawyer immediately to begin building a defence strategy and protect your rights during the bail and trial process.
Charges: The client was accused of unauthorized possession of a prohibited or restricted firearm. The Crown alleged that our client was found to be in possession of two unauthorized shotguns loaded with shells located within his residence following an officer search of the residence in response to a nearby shooting in the area.
Defence: The defence argued the client’s innocence, challenging the legality of the search and the ownership and control of the firearms found at the residence.
Result: Following multiple rounds of negotiations and critical examination of the evidence by the defence, the Crown Attorney recognized that there was no reasonable prospect of conviction. Consequently, the charges against the client were fully withdrawn.
Charges: The client was accused of unauthorized possession of a prohibited or restricted firearm and possession of fentanyl. The Crown alleged that our client was found to be in possession of an unauthorized revolver along with fentanyl within a residence along with other individuals following the execution of a search warrant at the residence.
Defence: The defence maintained the client’s innocence, arguing that the client did not have knowledge of or control over the items found in the residence, emphasizing the presence of other individuals who could have been responsible.
Result: After extensive negotiations and a thorough review of the evidence, the Crown Attorney concluded that there was no reasonable prospect of conviction. Consequently, the case was withdrawn, and the charges against the client were dismissed.
Charges: The client was accused of using an imitation firearm while committing an indictable offence along with several counts of robbery and disguise with intent.
Defence: The defence argued that the client was innocent, challenging the identification process and the assumption that the individual in the surveillance footage was the client. We also disputed the claim regarding the possession of the imitation firearm.
Result: Following thorough negotiations and analysis of the evidence, the Crown Attorney concluded that the evidence was insufficient to secure a conviction with reasonable certainty. Therefore, the charges against the client were withdrawn, clearing the client of all accusations.
Charges: Using an imitation firearm while committing an indictable offence, robbery, disguise with intent, and possession of a weapon for a dangerous purpose. The client was accused of robbing several individuals while in possession of a black pellet gun and suspicious clothing, found during a search warrant executed at the client’s residence and vehicle.
Defence: The defence contended that the evidence linking the client to the actual crimes was circumstantial and insufficient, particularly questioning the identification of the client as the perpetrator and the intent associated with the possession of the items found.
Result: After multiple rounds of negotiations and review of the case details, the Crown Attorney determined there was not a viable path to a successful prosecution. Consequently, the charges against the client were stayed, meaning no further action would be taken, thus leaving the client without any penalties or ongoing prosecutions.
Charges: The client was accused of possession of an unauthorized firearm, careless storage of a restricted firearm, and possession of a weapon for a dangerous purpose. The Crown alleged that our client was in possession of a firearm within a residence that was not her own following the execution of a search warrant at the residence. It was the defence position that the client was innocent.
Defence: The defence argued the client’s innocence, emphasizing that the client did not reside at or have control over the premises where the firearm was found. They challenged the evidence pointing to the client’s ownership or direct connection with the firearm.
Result: After several rounds of negotiations and detailed scrutiny of the legal and factual aspects of the case, the Crown Attorney concluded that there was no reasonable prospect of securing a conviction. As a result, all charges against the client were withdrawn, effectively clearing the client of the alleged offences.
Our lawyers practice criminal law exclusively, defending our clients against all types of criminal charges in courts throughout Toronto and the Greater Toronto Area. We provide legal defence for all criminal matters, including impaired driving, assault (including sexual assault), financial crimes, child pornography, firearm possession, and drug charges, among others.
